New College students, educators need to be supported. NCF Freedom is taking on that fight.

NCF Freedom is an organization that has been working to fully protect the future of New College of Florida as a unique public liberal arts college that honors academic freedom, educational innovation and collaborative student-guided learning.

We are also working to promote New College's foundational values of open discourse within a just, diverse, equitable and inclusive community.

Kathleen Coty
Kathleen Coty

Recently, the administration of New College distributed a press release implying that it has prevailed in a lawsuit filed against it by NCF Freedom since the suit has been "voluntarily dismissed by the plaintiffs." While this is technically true, it is important to clarify the significance of this outcome beyond the legalese and political spin.

In reality, the lawsuit was not set aside because of the success of the college’s administration. In fact, the lawsuit succeeded in exposing SB 266 – which is commonly referred to as "The Higher Education Censorship Bill" – for what it is: vague legislation that has no enforcement mechanism and has been solely designed for political gain and bullying.

NCF Freedom filed the suit against SB 266 because the legislation had the potential to significantly censor higher education and impact academic freedom. As the proceedings developed, the state was forced to take the position that the bill does not apply to students and teachers.

Members of the audience turn their backs and hold up "Protect Academic Freedom" signs after the board of trustees of New College denies early tenure to five professors at a meeting in April 2023. Some protesters are wearing T-shirts with the words, "BAN THE FASCISTS SAVE THE BOOKS."
Members of the audience turn their backs and hold up "Protect Academic Freedom" signs after the board of trustees of New College denies early tenure to five professors at a meeting in April 2023. Some protesters are wearing T-shirts with the words, "BAN THE FASCISTS SAVE THE BOOKS."

The state's position led presiding U.S. District Judge Mark Walker to determine that NCF Freedom, a membership organization that includes students and faculty, did not have legal standing as plaintiffs because the students and faculty would not be harmed by the bill.

Let's put it another way: In order to get the case dismissed, the state had to resort to arguing that SB 266, which was introduced with much bluster and fanfare, is in reality toothless.

As a result, the bill can neither be enforced nor struck down as unconstitutional under the First Amendment. And it is now clear that the bill was nothing more than a political ploy designed to have a chilling effect on Florida’s educators and students, with the added bonus of appearing to be a political victory for the bill's supporters. Unfortunately, it’s worked: just look at the number of educators who are leaving Florida.

Sadly, this complaint is not likely to be our last; indeed, we stand ready to pursue legal remedies as soon as the New College administration institutes policies or programs that impact academic freedom and student learning.

If our efforts to hold New College accountable are a distraction for the current administration, it should make sure that its actions do not violate constitutional rights. In this specific case, our work has also demonstrated to students and faculty throughout the state that they cannot be censored by SB 226 without their consent.

At a time when research shows that Floridians are increasingly uncomfortable with politicians –rather than educators – dictating curriculums and policies at our institutions of public education, we know that our work has never been more relevant. Our goals and objectives are absolutely aligned with what taxpaying Floridians want for their schools and their children.

We will persist.

Kathleen Coty is treasurer of NCF Freedom and a New College Charter Class alumna.

This article originally appeared on Sarasota Herald-Tribune: NCF Freedom will protect the rights of New College students, educators